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Minnesota Legislature

Office of the Revisor of Statutes

9530.6655 APPEALS.

Subpart 1.

Client's right to a second assessment.

A client who has been assessed under part 9530.6615, and who disagrees with the treatment planning decision proposed by the assessor, shall have the right to request a second chemical use assessment. The placing authority shall inform the client in writing of the right to request a second assessment at the time the client is assessed. The placing authority shall also inform the client that the client's request must be in writing or on a form approved by the commissioner, and must be received by the placing authority within five working days of completion of the original assessment or before the client enters treatment, whichever occurs first.

The placing authority must authorize a second chemical use assessment by a different qualified assessor within five working days of receipt of a request for reassessment. If the client agrees with the outcome of the second assessment, the placing authority shall place the client in accordance with part 9530.6622 and the second assessment. If the client disagrees with the outcome of the second assessment, the placing authority must place the client according to the assessment that is most consistent with the client's collateral information.

Subp. 2.

Client's right to appeal.

A client has the right to a fair hearing under Minnesota Statutes, section 256.045, if the client:

A.

is denied an initial assessment or denied an initial assessment within the timelines in part 9530.6615, subpart 1;

B.

is denied a second assessment under subpart 1 or denied a second assessment within the timelines in part 9530.6655, subpart 1;

C.

is denied placement or a placement within timelines in part 9530.6615, subpart 1;

D.

disagrees before services begin with the services or the length of services that the placing authority proposes to authorize;

E.

is receiving authorized services and is denied additional services that would extend the length of the current services beyond the end date specified in the service authorization;

F.

is denied a placement that is appropriate to the client's race, color, creed, disability, national origin, religious preference, marital status, sexual orientation, or sex; or

G.

objects under part 9530.6622, subpart 11, and is not given an alternate referral.

The placing authority must inform the client of the right to appeal under Minnesota Statutes, section 256.045. The placing authority must notify the client of these rights at the first in-person contact with the client. The notice must include a list of the issues in this part that entitle the client to a fair hearing. Clients who are enrolled in a prepaid health plan and clients who are not enrolled in a prepaid health plan have the same appeal rights.

Subp. 3.

Services during appeal of additional services.

Exercising the right to appeal under subpart 2, item E, does not entitle a client to continue receiving services beyond the end date specified in the service authorization while the appeal is being decided. A provider may continue services to the client beyond the end date specified in the service authorization pending a final commissioner's decision, but the conditions in items A and B govern payment for the continued services.

A.

The provider shall be financially responsible for all hours or days of service in excess of the amount of service to which the final commissioner's decision finds the client is entitled.

B.

The provider shall not charge the client for any services provided beyond the end date specified in the placement authorization.

Subp. 4.

Considerations in granting or denying additional services.

The placing authority shall take into consideration the following factors in determining whether to grant or deny additional services:

A.

whether the client has achieved the objectives stated in the client's individual treatment plan;

B.

whether the client is making satisfactory progress toward achieving the objectives stated in the client's individual treatment plan;

C.

whether there is a plan that reasonably addresses the client's needs for continued service; and

D.

whether the client's risk description in the dimensions being addressed by the service provider is 2 or greater according to part 9530.6622, subpart 4, 5, or 6.

Statutory Authority:

MS s 241.021; 245A.03; 245A.09; 245B.03; 254A.03; 254B.03; 254B.04; 256E.05

History:

11 SR 1005; 12 SR 53; 16 SR 391; L 2003 1Sp14 art 11 s 11; 32 SR 2268

Published Electronically:

October 15, 2013